Attorney James Stein, based near Kings Bay in Camden County, Georgia, contends that not only is the PED instruction confusing, most sailors and officers don't follow it.
"My information is that the use of the devices was widespread among most of the crew, officers included," he told Navy Times in a Jan. 16 phone interview. "I also have information that by the time the sub hit the docks, officers and enlisted men were using the devices."
It is the first sign of a possible defense in the high-profile case. A Navy official confirmed to Navy Times in December that investigators suspected seven videos had been taken with a cell phone camera aboard the Kings Bay, Georgia-based ballistic missile submarine Wyoming.